Case Summary (G.R. No. 15466)
Background of the Property and Transactions
Prior to June 26, 1913, Pastora Conegero held Torrens Certificate of Title No. 147 for a parcel of land. After issuance, a cadastral survey was conducted, leading the Court of First Instance of Iloilo to cancel Certificate No. 147 and issue Certificates No. 194 and 195 in place of it. Certificate No. 194 was issued to Pastora Conegero, while Certificate No. 195 was issued to her children. This cancellation occurred under court authority on July 26, 1913, with a follow-up mandate on October 1, 1914.
Mortgages and Sales of the Property
Before the cancellation, Conegero mortgaged the land covered by Certificate No. 147 to El Hogar Filipino, a mortgage that was noted on the certificate. Subsequently, on March 30, 1916, she sold the property to Samuel Thomas for P1,637.49. However, at the time of the sale, the original Torrens title was non-existent due to the prior cancellation. Thomas, unaware of this development, sought to have the deed registered with the Iloilo Register of Deeds.
Registration and Notification Issues
Thomas's attorney attempted to register the deed, but the Register of Deeds, Francisco Enage, rejected the request, informing them that the original certificate had been cancelled and replaced by Certificate No. 194. Nonetheless, the Register of Deeds noted the attempted registration in his entry book, recording that the deed was presented on April 18, 1916.
Subsequent Transactions and Competing Claims
On October 18, 1916, Conegero executed a mortgage for the property described in Certificate No. 194 to Fidelity and Surety Company for P2,000, which was duly registered on March 29, 1917. Thomas began legal action on November 2, 1917, seeking to compel Conegero to produce Certificate No. 194 for cancellation and issuance of a new title in his name. The case subsequently led to actions involving competing claims from Conegero, Thomas, and another mortgagee, Southworth and Goyena.
Ruling by the Trial Court
The trial court determined that the property belonged to Samuel Thomas based on the timing of the registration of the mortgage by Fidelity and Surety Company. However, the court limited the remedy to a personal judgment against Conegero.
Legal Analysis of Registration Importance
The core legal question revolves around whether the notation made by the Register of Deeds on April 18, 1916, concerning Thomas's deed constituted effective registration or transfer of title. The court found that mere notation in the entry book did not eq
...continue readingCase Syllabus (G.R. No. 15466)
Case Background
- The case involves Pastora Conegero, who was the holder of Torrens certificate of title No. 147 for a parcel of land in Iloilo City prior to June 26, 1913.
- A cadastral survey mandated by the government led to the cancellation of certificate No. 147 and the issuance of two new certificates: one in the name of Pastora Conegero (certificate No. 194) and another for her children (certificate No. 195).
- The cancellation order was issued by the Court of First Instance of Iloilo on July 26, 1913, and the chief of the General Land Registration Office mandated the change on October 1, 1914.
Events Leading to the Dispute
- Pastora Conegero mortgaged the land under certificate No. 147 to El Hogar Filipino before the certificate was cancelled, which was noted on her duplicate title.
- On March 30, 1916, Conegero sold the property to Samuel Thomas for P1,637.49, despite the fact that certificate No. 147 was no longer in existence at the time.
- The sale was executed without the actual certificate being produced; Thomas was presumably unaware of the cancellation.
- Thomas's attorney attempted to register the sale with the Iloilo register of deeds, but the registration was denied due to the cancellation of certificate No. 147.